Challenging a dismissal decision
An employee who considers their dismissal unlawful and/or unfounded may challenge it in court. For non-disciplinary dismissals, the deadline is 45 calendar days from the date the employee learned of the measure (Article 268(1)(a) of the Romanian Labour Code). For disciplinary dismissal, the deadline is 30 calendar days from communication of the decision (Articles 252(5) and 268(1)(b)).
The challenge may seek cancellation of an unlawful or unfounded dismissal and compensation under Article 80 of the Labour Code: indexed, increased and updated wages and other entitlements the employee would have received. The period depends on the judgment and reinstatement, if requested; it does not automatically extend until actual payment. Without a reinstatement request, the contract ends by law when the cancellation judgment becomes final under Article 80(3). Updating the amounts and any interest for delayed payment are assessed separately.
The procedure
If the employee wants to return to work, they can ask the court to reinstate them in the position they held before the dismissal. Otherwise, the individual employment contract ends by operation of law on the date the judgment annulling the dismissal decision becomes final.
If the abolition of the job and the dismissal have also caused non-pecuniary harm, and this is proven, the employer can be ordered to pay damages for it. The employee can also claim legal costs (the lawyer's fee, sums due to witnesses, travel and accommodation costs and other expenses necessary for the proceedings). These matters fall within labour law and may require specialist representation in employment disputes.
What the claim must contain
Contents of the claim
- The employee's details: full name, home address or residence, personal identification number (CNP), phone number, email address and bank account (where relevant).
- The employer's details: name, registered office and, if known, its Trade Register number or its registration number in the register of legal persons.
- What is being claimed: annulment of the dismissal decision, payment of compensation, reinstatement, non-pecuniary damages and legal costs.
- The facts and the law: every reason why the dismissal decision is unlawful or unfounded.
- Evidence: documents, questioning of the other party, witnesses, etc., which must be put forward in the claim itself or the right to rely on them is lost – even though, in employment disputes, the burden of proof lies with the employer.
Enforcement depends on the obligations in the operative part and the applicable enforceability rules. First-instance judgments awarding wages or other employment entitlements are provisionally enforceable by law (Article 448(1)(2)). Dismissal of the claim does not award employee compensation; any costs order must be assessed separately. Appeals and any stay of enforcement are examined in the particular case.
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